Pre-Employment Screening Considerations and the ADA

This brochure is one of a series on human resources practices and workplace accommodations for persons with disabilities edited by Susanne M. Bruyère, Ph.D., CRC, Director, Employment and Disability Institute, Cornell University ILR School. The original version was written in 1993 by Marjorie E. Karowe, Attorney, Schenectady, N.Y., and updated in 2000 by Sheila D. Duston, an attorney/mediator practicing in the Washington, D.C. metropolitan area. It was further updated in 2011 by Beth Reiter, an independent legal consultant, Ithaca, N.Y., with assistance from Sara Furguson, a Cornell University Employment and Disability Institute student research assistant

The Use of Arrest Records In Pre-Employment Screening In Franklin County, Ohio

Researchers reviewed the legality of employers using arrest records without convictions in pre-employment screenings; conducted surveys and focus groups to learn about pre-employment screening practices in Franklin County, OH; and studied arrest record data to determine whether black males in the region were more likely than others to be arrested and not subsequently convicted

Employer Use of Facebook as a Tool in Pre-Employment Screening of Applicants: Benefits and Ethical, Legal, and Privacy Implications

The social networking Web site, Facebook, allows users to publish personal information to communicate and interact with others. Because of its online accessibility, Facebook has unintentionally provided a gateway for employers who are hiring to use as a tool in the applicant pre-employment screening process of applicants. This practice can introduce legal, ethical, and privacy implications. No laws in Minnesota currently govern employers’ use of Facebook relative to this practice. Using Facebook as a tool in the pre-employment screening of applicants can offer employers a fast and efficient way to get information about prospective employees that could preempt negligent hiring decisions. My research question attempts to answer: How can employers optimize the benefits of using Facebook as a tool for pre-employment screening of applicants while managing the ethical, legal, and privacy implications

Employer Use of Facebook as a Tool in Pre-Employment Screening of Applicants: Benefits and Ethical, Legal, and Privacy Implications

The social networking Web site, Facebook, allows users to publish personal information to communicate and interact with others. Because of its online accessibility, Facebook has unintentionally provided a gateway for employers who are hiring to use as a tool in the applicant pre-employment screening process of applicants. This practice can introduce legal, ethical, and privacy implications. No laws in Minnesota currently govern employers’ use of Facebook relative to this practice. Using Facebook as a tool in the pre-employment screening of applicants can offer employers a fast and efficient way to get information about prospective employees that could preempt negligent hiring decisions. My research question attempts to answer: How can employers optimize the benefits of using Facebook as a tool for pre-employment screening of applicants while managing the ethical, legal, and privacy implications

Employment Interview Screening: Time to Face the Ink

This article focuses on the impact that face and/or neck tattoos may have on the employment screening process. With some estimates placing the number of possible candidates with tattoos as high as 28%, and the increase in social acceptance of tattoos, reveals that this research may play a significant role for the employer and the candidate during the employment screening process. Tattoos today can be found on men and women, with no limits on professional status and the tattoo designs can hold profound meaning to the wearer. This qualitative study analyzed data from 243 participants. The data was broken down into gender responses when it comes to assessing a candidate with a face/neck tattoo during the employment screening process. One significant theme that emerged is that 50% of the participants reported that they would hire a candidate with a visible face/neck tattoo depending on the position, revealing that employment screeners still feel that a visible tattoo may be acceptable for some positions and not acceptable for other positions

Spontaneous countermeasures during polygraph examinations: an apparent exercise in futility

The frequency and effects of spontaneous countermeasures against a polygraph examination were examined in a mock employment screening study. Eighty subjects were debriefed concerning their use of spontaneous countermeasure following the completion of their Relevant-irrelevant employment screening polygraph examination. Overall, 53.8% of the participants reported the use of at least one spontaneous countermeasure. In a departure from other studies in this area, 30% of the truthful subjects reported trying some intervention in an effort to make themselves look more truthful. An ANOVA revealed neither main effects nor interactions involving the use of a spontaneous countermeasure

Employee Background Verification: The Cross-Referencing Effect

Pre-employment screening has increased in recent years. This paper examines the effects of four pre-employment screening tools (reference interviews, criminal record checks, credit bureau investigations, and education verifications) in identifying negative indicators about job applicants. More specifically this investigation identifies, for a Canadian organization, the percentage of negative indicators that were uncovered by each screening tool as well as the percentage of negative indicators that were uncovered through the use of combinations of screening tools. The percentages have been found to be in line with the data already available for American organizations. The main contribution of this research however is to show that when various screening tools are used in conjunction they have a greater potential to uncover applicants’ negative histories through a synergistic process termed ‘cross-referencing’.  The results indicate that cross-referencing increases the rate at which negative indicators are found in reference interviews by up to 10%

Leveling the Playing Field: Attracting, Engaging, and Advancing People with Disabilities

People with disabilities experience significant challenges in finding employment. The participation of people with disabilities in the workforce and their median income are both less than half that of the civilian workforce. They work part time 68 percent more frequently than people without disabilities. These disheartening results persist despite the enactment of significant federal legislation aimed at making the workplace more supportive and accessible to people with disabilities. The Conference Board Research Working Group (RWG) on Improving Employment Outcomes for People with Disabilities was convened to address how to overcome these disparities. It was sponsored by the Employment and Disability Institute at Cornell University, under a grant from the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education. The RWG members focused on four questions: 1) The business case: Is it advantageous for organizations to employ people with disabilities? 2) Organizational readiness: What should organizations do to create a workplace that enables people with disabilities to thrive and advance? 3) Measurement: How can success for both people with disabilities and the organization itself be determined? 4) Self-disclosure: How can people with disabilities, especially those whose disabilities are not obvious, be encouraged to identify themselves so that resources can be directed toward them and outcomes can be measured

Due Diligence and Legal Obligations of Employment Screening in Healthcare Organizations

Few career fields are as dynamic as healthcare. Even non-clinical employees and volunteer staff may encounter risks or assume responsibilities unforeseeable in other career fields. Clinical workers in particular must respond to life and death workplace challenges with competence and compassion. Employee reliability is the single most important health system input. Reliability begins with thorough employment background screening. As they minimize risks from “bad hires,” background investigations must also comply with federal, state, and local laws as well as industry standards and best practices. Although predicting the likelihood of future malfeasance by any single employee is impossible, effective backgrounding enhances quality of care, decreases risks, and lowers costs. Managing the vetting process with competence requires a solid working knowledge of all lawful steps needed to ensure full, due-diligence compliant background investigations. If a screening process is transparent and impartial with fair group outcomes, due diligence is satisfied